Tennessee chamber fights proposed labor rules

WASHINGTON — Memphis attorney Arnold Perl will testify Thursday and Friday before the National Labor Relations Board in opposition to proposed changes to rules governing union-organizing activities — changes that business groups say would be too favorable to labor.

Perl will be speaking on behalf of the Tennessee Chamber of Commerce and Industry, which opposes the rules changes. He is one of dozens of witnesses who are scheduled to testify.

"These drastic proposals are yet another attempt by the NLRB to stack the deck in favor of unions at the expense of employees and their employers," said Catherine Glover, president of the Tennessee chamber. "These proposals will be highly detrimental to the fundamental rights of employees to be able to obtain information from both the labor union wishing to represent them and their employer."

At issue is a proposal the labor board says will streamline union election procedures, enhance transparency and eliminate unnecessary litigation and delays.

Under existing rules, an election cannot be held for a minimum of 25 days after a union files a petition seeking to represent workers at a company. Union elections are held on average in 38 days from the time a petition is filed.

The proposed changes would eliminate the 25-day waiting period. Critics contend that could lead to "ambush elections" in as few as 10 days, giving employers no time to communicate with their employees and undermining the ability of workers to make an informed decision.

Employers would have just seven days to find legal counsel and appear before a labor board regional officer at a pre-election hearing, which opponents say may not be enough time to identify all legal issues involved.

The labor board adopted nearly identical rules in 2011, but a federal court invalidated them, ruling the board had adopted them without a valid quorum. The board voted 3-2 in February to issue the rules changes again.